Worcester disputes Pat's complaint over tow contract loss

Sunday

Oct 6, 2013 at 6:54 PM

By Scott J. Croteau, TELEGRAM & GAZETTE STAFF

WORCESTER — The city has fired back at a federal complaint filed last month by Pat's Service Center over the termination of its city towing contract, saying a judge should not issue a preliminary injunction in the case.

Pat's Service Center has said the city's termination of its towing contract last month was unlawful and politically motivated. The company, which filed the complaint in U.S. District Court under the name Metro Motor Sales, 5 Shrewsbury St., accuses the city of breach of contract and violating the constitutional rights of owner Patsy Santa Maria Sr.

If a preliminary injunction is issued, the city would be forced to allow Pat's Service Center to honor the five-year contact as the civil complaint continued in court.

"An injunction would maintain the prior status quo, a status quo no one would wish for," City Solicitor David M. Moore wrote in the opposition, filed Friday. "It would make every member of the public an unwilling participant in a dangerous lottery which culminates in violent and despicable beatings and crimes against public justice."

Mr. Moore argued Pat's complaint lacks merit. He argued that a preliminary injunction should not be issued because Pat's violated the contract by committing or allowing acts of violence and criminal acts by employees at the business.

Mr. Moore's filing lists accusations against the towing company and the employees. Last month the owner's son, Patsy Santa Maria Jr., and his former New England Patriots cheerleader girlfriend were charged in Central District Court with trying to bribe a witness in Mr. Santa Maria Jr.'s assault trial.

Mr. Santa Maria Sr. faces identical charges in the case. His son was placed on probation with a suspended jail sentence in the assault case. Prosecutors said the assault was on Dec. 13, 2011, on the towing company's property.

Pat's violated several terms of the contract, according to Mr. Moore. One section says the tow company employees must be polite and courteous to people whose vehicles were towed.

"If these acts are not sufficient grounds for termination under this provision then the words 'polite and courteous' have no meaning," Mr. Moore wrote.

The Police Department has also expressed concerns about having Pat's towing vehicles that are involved in police investigations, considering the owner and employees are facing criminal charges.

The elder Mr. Santa Maria's lawyer, Robert S. Sinsheimer, claimed in the lawsuit that Police Chief Gary J. Gemme is being untruthful about the nature of many police responses to the towing company. Many of the calls are made by Pat's employees seeking police assistance, he contended.

Pat's said the contract was terminated without due process and in "a totally arbitrary and capricious manner."

The contract was terminated Sept. 12. A five-year contract was signed in December 2010 in which Pat's pays the city $170,000 annually to tow in five city zones.